What is Criminal Entrapment?
In this article we are going to talk about what is entrapment. We are going to talk about the diverse types of entrapment and what this defense actually means. Before we delve into the topic of what criminal entrapment constitutes on a broader scale and why it’s important to understand the term, let’s look at the definition of entrapment in its most basic form.
Definition Of Entrapment
- Entrapment is defined as when a person of law enforcement coerces or induces a person to commit or confess to a crime.
Many People Charged With Crimes Are Victims Of Entrapment
Many people are found in criminal entrapment because officers or people of law, have forced them to confess to a crime that they have not committed.
Let us look at a common example of entrapment before we get into more detail. One scenario that is often seen is when a law officer will use many tactics that are overbearing to get someone to commit a crime. Let us take a deeper look at criminal entrapment.
Is it Entrapment or Opportunity?
When you talk about entrapment, many people assume that the officer forced them to commit a crime. While this is the definition, many people claim that they were entrapped when they were not.
In the eyes of a judge, you should be able to resist normal temptations to break the law. When you are entrapped, this means that the officer will use threats, fraud, or other means to get the person to commit a crime. Let us look at two scenarios that explain the difference between entrapment and opportunity.
Examples Of Criminal Entrapment And What You Should Know
Entrapment Example: Scenario #1
Lucy is at a party and talked to someone at the party who wanted to purchase drugs from Lucy. The other person had stated that their mother was in pain and needed it. Lucy also had the drugs from her personal use and prescription. However, she decided to give the prescription medication to this person at the party to help their mother. This person happened to be an undercover police officer.
In this scenario, the police officer put Lucy in a position to do something illegal, however, he/she did not use anything extreme to do so. They did not force Lucy to give the undercover police officer drugs.
PRO TIP: Read this article on possession vs possession with intent to distribute. And if you are facing drug charges be sure to contact a drug charge attorney!
Entrapment Example: Scenario #2
Lucy is in another scenario. Lucy had her prescription medication at her house and an undercover officer was going to her house for two weeks. The officer was being pushy and asking for medication for his/her sick mother. Lucy had refused to sell him/her the drugs for a long time. However, then the officer at one point told Lucy that her mother just needed a few days of peace in her last days. Lucy had sold the drugs to the officer at that point and was arrested.
In this case, Lucy was entrapped because the officer kept pushing and using any means necessary for Lucy to commit a crime.
Who Can Entrap?
It is important to know that only those who are government agents can entrap someone. People who are their own individuals are not legally going to entrap you. If someone is there telling you to commit a crime and you do, you are going to be charged with that crime.
This is because the person who is there telling you to, is not an officer. Private people are not legally going to be charged with entrapment. It is more for those who have dealt with law enforcement.
You Believe You Are Entrapped, What Do You Do?
If you believe that you are entrapped, you should contact a criminal defense lawyer. They are going to be your best bet for help. They will be able to see your side of the story and look at the evidence.
Carl Barkemeyer, Criminal Defense Attorney can advise you if you feel you have been unlawfully entrapped. His law firm is located at address 7732 Goodwood Blvd Suite A, Baton Rouge, LA 70806. You can contact him directly by visiting this page here.
If you believe that you are a victim of entrapment, you should keep evidence if you have any. This will help you out in the end. This is important because the jury needs to be able to definitively decide if it is or not.
Keep in mind that most people do not know that they are being entrapped when it happens. That is why it is important to discuss with your lawyer or attorney what events happened and what was said. Taking the time to remember every detail is going to help you in court. Be sure that you are telling the exact events as you remember them. Do not lie in court, this is the worst thing that you can do. If you have any additional questions, be sure to consult with your criminal defense attorney.
CONCLUSION: What Is Entrapment
There are many examples of criminal entrapment. Entrapment is something that occurs more than we would like to admit, however, with the right lawyer you can prove that you are not guilty. Having a good lawyer and evidence is going to allow you to have the best case. Now you are educated and can answer the question, what is entrapment.
